AMENDING AGREEMENT No. 3 to Non-Revolving Loan Facility Agreement No. 5593 dated October 9, 2012
Exhibit 4.7
English translation
AMENDING AGREEMENT No. 3
to Non-Revolving Loan Facility Agreement No. 5593 dated October 9, 2012
The City of Moscow | September 27, 2013 |
SBERBANK OF RUSSIA, an open joint stock company, organized and existing under the laws of the Russian Federation (company name in Russian: ) (the “Lender”), as represented by Xxxxxx Xx. Xxxxxxxxxxx, Managing Director and Deputy Director of the Lending and Project Financing Group of the Financing Department of Sberbank of Russia, acting by virtue of the Lender’s Articles of Association and under Power of Attorney No. 259-D dated June7, 2013, on the one hand; and
SOUTHERN KUZBASS COAL COMPANY OAO, an open joint stock company, organized and existing under the laws of the Russian Federation (company name in Russian: ) (the “Borrower”), as represented by Xxxxxxxxx X. Ploshchenko acting under a Power of Attorney dated February 27, 2013, certified by Xxxx X. Xxxxxxxx, a notary public of the City of Moscow, and registered by the said notary in the register under Number 1-198, on the other hand;
the Lender and the Borrower being hereinafter collectively referred to as the “Parties” and, each individually, as a “Party”;
have entered into this amending agreement (the “Amending Agreement”) to the Non-Revolving Loan Facility Agreement No. 5593 dated October 9, 2012 (the “Loan Agreement”).
THE PARTIES HAVE AGREED AS FOLLOWS:
1. | To restate Schedule 2 to the Loan Agreement in the form of Schedule 1 hereto. |
2. | Schedule 1 hereto shall be deemed incorporated unto and constitute an integral part hereof. |
3. | All the other terms and conditions of the Loan Agreement which are not amended hereby shall remain in full force and effect. |
4. | This Amending Agreement shall take effect as of the date it is executed by both Parties and shall be deemed incorporated unto and constitute an integral part of the Loan Agreement. Pursuant to Clause 2 of Article 425 of the Russian Civil Code, the Parties have agreed that Clause 1 hereof shall apply to the relations between the Parties starting from June 29, 2013. |
5. | This Amending Agreement is made in two (2) counterparts having equal legal force, one for the Lender and one for the Borrower. |
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PARTIES’ LOCATION AND BANK DETAILS
LENDER:
Location and mailing address: 00 Xxxxxxx Xxx., Xxxxxx 000000, Xxxxxx ( )
Taxpayer Number (INN): 0000000000
Company Number (OGRN): 1027700132195
Taxpayer Record Validity Code (KPP): 775001001
Russian National Company and Business Classification Code (OKPO): 00032537
For payments in RUR: Account No. 30301810500001000014; Correspondent Account No. 30101810400000000225 with OPERU of the Moscow GTU of the Bank of Russia; BIC 044525225
For payments in USD:
Account No. 30301840800001000014 with Sberbank, Moscow, SWIFT XXXXXXXX
(HEAD OFFICE – ALL OFFICES in RUSSIA)
BANK OF NEW YORK MELLON NEW YORK, NY, SWIFT IRVT US 3N
For payments in EUR:
Account No. 30301978400001000014 with Sberbank, Moscow, SWIFT XXXXXXXX
(HEAD OFFICE – ALL OFFICES in RUSSIA)
DEUTSCHE BANK AG FRANKFURT AM MAIN, SWIFT XXXXXXXX
Tel: (000) 000-0000; 000-0000; Fax: (000) 000-0000
BORROWER:
Location: 0 Xxxxxxx Xxx., Xxxxxxxxxxxxxx, Xxxxxxxx Xxxxxx, 000000, Xxxxxx ( )
Mailing address: 0 Xxxxxxx Xxx., Xxxxxxxxxxxxxx, Xxxxxxxx Xxxxxx, 000000, Xxxxxx ( )
Taxpayer Number (INN): 0000000000
Company Number (OGRN): 1024201388661
Xxxxx Account No. 40702810026070100405 with Mezhdurechensky Branch No. 7763 of the Siberia Bank of the Sberbank of Russia
Tel: (000) 000-0000; Fax: (000) 000-0000
Email: xxxxxx@xxxxxx.xxx
PARTIES’ SIGNATURES
LENDER | BORROWER | |||
Managing Director Deputy Director of the Lending and Project Financing Group of the Financing Department Sberbank of Russia |
Under Power of Attorney | |||
/s/ Xxxxxx Xx. Xxxxxxxxxxx | /s/ Xxxxxxxxx X. Ploshchenko | |||
/seal/: | /seal/: |
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Schedule 1 to Amending Agreement 3
dated September 27, 2013 to
Non-Revolving Loan Facility Agreement No. 5593
dated October 9, 2012
Schedule 2 to Non-Revolving Loan Facility Agreement No.
5593 dated October 9, 2012
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PARTIES’ SIGNATURES
LENDER | BORROWER | |||||||
Managing Director Deputy Director of the Lending and Project Financing Group of the Financing Department Sberbank of Russia |
Under Power of Attorney | |||||||
[signature] | Xxxxxx Xx. Xxxxxxxxxxx | [signature] | Xxxxxxxxx X. Ploshchenko | |||||
[seal]: | [seal]: |
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